ML20005E828
| ML20005E828 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 12/27/1989 |
| From: | Mckenna E Office of Nuclear Reactor Regulation |
| To: | Glick R VERNER, LIIPFERT, BERNHARD & MCPHERSON |
| References | |
| A, NUDOCS 9001110130 | |
| Download: ML20005E828 (1) | |
Text
,
o e
December 27, 1989 1. g. i 4
Docket No. 50-382A Richard A. Glick, Esq.
Verner, Liipfert Bernhard, McPherson and Hand Suite 700 901-15th Street, N.W.
Washington, D.C.
20005-2301 Re:
Issuance of Amendment No. 60 to facility Operating License NPF-38; Waterford Steam Electric Station, Unit 3: Antitrust Considerations
Dear Mr. Glick:
The staff has retiewed the information furnished by the applicant, Louisiana Power & Light Company (LP&L) as well as comments received from interested parties, including the City of New Orleans, Louisiana. As a result of the staff review, a license condition was added to the Waterford 3 operating license that holds LP&L accountable and responsible for any actions of its agents, including Entergy Operations Inc. (E01), that may contravene the existing antitrust license conditions which are now a part of the Waterford 3 license. Moreover, the staff would like to reassure you that the addition of E01 as the operator of the Waterford 3 facility in no way diminishes LP&L's obligations under the existing Waterford 3 antitrust license conditions.
I have enclosed a copy of the license amendment that authorized E01 to operate Waterford 3.
Sincerely, Original Signed by Eileen M. McKenna, Acting Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nucleer Reactor Regulation
Enclosure:
As stated g
$ct cc:
Clinton A. Vance, Esq.
NO Glen L. Ortman, Esq.
o En Paul E. Nordstrom, ESq.
Okla Jones II, Esq.
85 Michael W. Tifft, Esq.
prol
-a 8@
Disitibuti n
'{l (Dttcket F1 e No. 40-382A orr NF-WLa DNash I
R$r JR'utberg DWigginton NRC PDR LPDR (GLICK)
EMcKenna PT PA PT A PV$dPMAS WLambe/eb DNash EMcKenna
/7/(,/89
/k/74/89
/A /.p/89 7
I J
)
, t &.
/
'e, UNITED sT ATEs
- [
.. f i NUCLE AR REGUL ATORY COMMISSION T,.'#
n AswiwctoN.D C 706%
I g,,,,y',
De:enar 14, 19e9 j
Docket ho. E0.JJ2 9
Nr. J. G..Dewease Senior Vice President - Nuclear Operations Louisiana Power and Light Company.
.317 Baronne $treet, Mati Unit 17 Nek Orleans, Leidsiana'7011?
Dear Mr. Dewease:
I
SUBJECT:
ISSUANEE OF AMENDkENT NO. 60 TO FAtiLITY OPERATING LICENSE
'e NPF WATERFORD STEAM ELECTRIC STATION, UNIT 3 (TAC NO. 684)?)
The Comission has issued the enclosed Amendment No. 60 to Facility Operating License No. NFF.3B for the Waterford Steam Electric Station, Unit 3.
The r
amendment consists of changes to the License Conditions in response to your application dated July 1,1988 as supplemented by letter dated August 15, 1989.
L The amendment changes and adds License Conditions to reflect the transfer of operations and maintenance of the Waterford Steam Electric Station,(Unit 3 to Entergy Operations, Inc. (E01). Louisiana Power and Light Company LP&L) c111 remain as the owner of the. facility.
We have reviewed the operating agreement between E01 and LP&L and have deter-Cined that it is not appropriate to require it by a license condition. LP&L 1
and E01 are joint licensees under the facility operating license conditions, i
each responsible for specific areas and jointly responsible for regulatory Leompliance and response. The operating agreement between LP&L and E01 will not circumvent these responsibilities. Finally, since E01 is to be the oper-ator of the plant, we intend to comunicate on most all matters with E01, t
However, E01 is expected to comunicate with LPAL to provide data, information.
- and other support, as may be necessary, to enable LP&L to satisfactorily discharge any responsibilities it may have as owner of the plant,4ith regard to maintaining regulatory compliance.
A copy of the Safety Evaluation supporting the amendment is also enclosed.
Notice of issuance will be included in the Comission's next biweekly Federal Register notice.
5
l r
,' t Mr. J. G. Demee$P 2
i it.ree cy ics cf Ar.tridrett ht..
S to Ir.dterity Agreerent No. B 92 which cevert 11 1 ecthititt authorized t,rder Licerist I;c. NFF 30 are elst trc105td.
Fleest cour.tersigr ell ccrit s and returr, ct,e signed ccry of Arendrent No. 5 to thit effice.
Since ely.
4 j
Der
. Crutch is e tirecter for Special Frojerts /
Offic'. tf Nuclebt Et: actor Reguletier
[rclosures:
1.
Arf r.dn e r,t I:0. O tt, NFF-3P T.
$efety beluetter 2.
Arer'co ent liv. E tt.1r. den t.ity Agretr.er.1 Nc. E-97 cc W/er(IC$urt$:
5tt nt)t [290 1
e' L
,i.,,'.,
' Mr. Jerroic G. Dewtast Weterford 3 Lccisier.a Feveer & Light Corf arg et:
W. Melecir. Stevensor., Esq.
Pepior,a1 Acnir.istrator, Feticr. }\\
Monroe & Leren L!.S. Nuclear Regulatory Corritticr.
201 St. Charles Avenue, Suite 3300 Office of Executive Director for heve Orleans, Louisiana 70170 3300 Operations (11 Ryar. F'are Drive, Suite 1000 Mr. E. Bisle Arlingtori, - Texa s 76011 i
Shaw, rittrer, Fetts & Trowbridge 2300 N $trett, hW Mr. Willierr H. Spell, Atninistrett;r Westington, D.C.
20C??
Nuclear L'nergy Civisier Departractit of Envircerental Quality retidert !rispector/Waterford Nr5 Post. Office Box 14f90 Fest Office Sc> 622 Baton Rouge, Louisier.a 70SEE tillor.a. L(dsiana 70066 Pr. Ralpt T. Ls11y President, Police Jury Met.ager cf Coalit) /.ssurance St. Charles Parish Pic'd.c South Lervices, Inc.
Hahnville, Louisian6 70057 Fest Offict eof 61000 hew Orleer5, tocisiera 70101 Cttirrer William A. Cross Louisiare Public Service Corrissier Bethesda Licensing Office One Ar.eriter. Flect, Suite 1630 3 Petro Center Baton Reage, Louisiana 70825-1697 Suite 610 Bethesda, Meryland 20814 Mr. R. F. Bursti Nuclear Safety ar.d Regulatory Aff airs Marager Louisier.e. Pcwer t. Light Cor.peny 317 Barorne Strett hew Orleans, Louisiana 70112 L
?,
i l
i
( -
y.9 %,,
f j.
f.
UNITED sT Af ts NUCLE AR REGUL ATORY COMMISSION i
j usmuotow.o e rots 6 8,
y :s.
j o..,+
LOUI51 ANA PCWEF AL'D LIGFT COPF Ah_Y DOCKET NO. 50-382 s'
WATERFORL STEAM ELECTRIC STAT 10h, Ohli 3
_tyEhDPENT TO FACILITY OFERATING LICENSE Amence.er.t No. 60 i
Lit.nnse 80. MF-3B 1.
The huvist: Fegeletery Conr.'sssion (the Corrissict.) has found that:
A.
The a;plicatioti for arendrent by Louisiasa Ftwer and Ligtt Cor.pery.(tre licensee) dated My 1,1965 as supplerier.ted t) letter catec Aupst 15, I?B9. corplies witt tSe starde.res anc rer,usrei<ertt of the Atoric Er.trg.) Act of 15U, at anended (the Act), aid the Ccrtistitt 's "ults ar.c regulatiers set forth it.10 CFF: Chapter 1; B.
Ttt f acility will crerett ir. ccrforr..ity with the artlicatici.,
the provis1urs cf the Act, are the rules art regulatier.s cf tht Corris sior; C.
There is resteratie essurar.ct (i? tret the activities autteri:et ty ttis an.es.cr.cnt car. be cer. ducted without endar:gerir.g the heelth art ssfet) ci the put,lic, erd (ii) that such actisitif 5 vili be cerducted in coniplie0Ce With the Corrission's regulatiensi D.
Tbt issuarte of this artre'ocnt will r.ct be inirical to the corrcr defer.se anc security or tc the health ar.d safety of the putlic; ar.c E.
The issuance of this arnendeent is in accordance with 10 CFR Fart 51 of the Corrission's regulations and all applicable requirerer.ts have been satisfied.
.g o
we*-w
Ef s
i
.j.
F.
Atretcit9 ), ttt literst it an.eticed ty charges te the License Ccr.ditiert 1
i es indicatec iti the attle t t t t t to it.1t littrit er.t r.dc t r.t.
2.
Ttis lictr.se atenettrt is effectivt es of its dete of issuer,ct. T t.c L
11ctr.se cor.ditic,r5 ere effectist wittir.1EC days of the d6tt-cf istutret ar.c uper ttt cffici61 trer.tfer of respctsiLilitics between the Lobisier.e icwe' & Light Corpery ar.d Lt.ttrgy Operatier.5, Inc.
t' FOR THE NUCLEAP. REGULATOE) 00Fr!S$10h
}.a..,:
-l
- l..
t.
Frecs. rick J. Hebder., Directcr.
Frcltct Directorett l\\
Disisicr. cf Reactor Prcjtttt - 111, IV, Y e.t.c Speciti Prcjects Ci# 1tt of hocleer Peacter ktpul6 tion At;ettnert:
Chang.es tc. trt l it er4e C t i c it u.r..
D6te of 1ssber.ce: De: ember 14, 1959
m
[*+-
1 i:
LTTLCHYlhi TO L1 CENSE AYEhDY.lf;T t.C.. C?
k 10 FACILITY OPEF.AilhG LICENSE NO. NPF.38 00 tET kD. 50-382 i
e Ptrlate the f ollowirg pages of the License with the attached pagts. The revisec pages contair, vertical lines indicating the areas of change.
Remove Insert Pages 3 thru E Pages 1 thru E Attachmtnt 2 l
1
l:-
t o
.+e s
ff ' a\\
UNIT [D sT ATis
..g
, f,T l
us+Notos.O c rests NUCLE AR REGUL ATORY COMMISSION t
(
f I
i L0t'151 Ahc POWER AND LIGHT COMPAhY ENTERGY ORERATIONS, INC.
i DDCKET NO. 50-382 EEfFORD STEAM ELCCTRIC STATION. UNIT 3 f
FAtll'.TY OPERAT!NG t ICENH License He. NPF-3E Arntno'ner,t tw. 6C
\\
1.
TN hurieor Regulatory Comission (the Cemissior, cr the NRC) has found tha':
A.
The applicetici. fer licerise filec ty the Louisiet.a Fower ar.d L'.cht Corrany (Le&L) ccmplias with the star.dards and retuirements of the
}
i Atonic Er.ergy Act of 1954, as arner. cec (the Act), and the Conr.ission's regulations set forth in 10 CFR Chapter 1, and all required rotific6 tier.s to other eger.cies or bedies heve been culy tr,a dt ;
i B.
Constructior, of the Waterfore Steam Electric Statier., Unit 3 (facility), has been substantially conpleted in conformity with Construction perrit ho. CPPR-103 and the applicattor, as ar' ended, the trc. visions of the Act, and regulations of the Corr.ission; C.
-The facility will operate in corforir.ity with the application, as amended, the provisions of the Act, and the regulations of the Comission (except as exempted fror compliance in Sections 1.1. and 2.0. below);
D.
There is reasonable assurance:
(i) that the activities authorized by this operatirig license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Comission's reguTations set forth in 10 CFR Chapter I (except as exempted from compliance in Sections 1.1. and 2.D below);
[
W E.
[rtergy 0;eratieris, Inc. (E01)# is techr.ically qualified to l
erigage it. tre activities authorized by this operatirig liter.se ir accorcance with the Corritsion's regulatiers set forth in 10 CFP Chapter I; f.
LF&L has satisfied the applicable provisiors of 10 CFR Part 140, l
- Financial Frotection Requirererts and Incer.rity Agreer.ents, of tre Com.issier 's regulations; G.
The issuarce of this license will net be inimital to the corror, deferist and security or to the health and safety cf the putlic; F.
Af ter weighting the env(rotr.er.tal, ecoredc, technical, ant cther tere'1ts of the f arility agcinst environr.trtal ar d Other costs, ard ef ter corsidering availatle alternathes, the hsuatce of the Fttiiity Cperating License No. NPT-38, sut. ject tc the tcrt'iticas fcr protectior. of the environtient set f orth in the Environr4rital Fr0tectict Pltn att. ached as Appendix F, is it er.cordance with 10 Crp f
Fart El of the Com.issior.'s reguisticns and all art licable requirer..er,ts teve bett satisfied; and 1.
The receipt, possessier., and use of source, byproduct, are speciti nuclear r.ateriel as authorited by this licenst will be in accordarce with the Cornission's regulatiers in 10 CFR Parts 30, 40 and 70, tacept that ar, exerttion to the provisions of 10 CFR 70.24 is grerted as described in Supplerent No.-B to the Safety Evaluation Report. This exer.ption is authorized under 10 CFR 70.24(d) and will not endarstr life c.r property or the comon defense er.d security and is otherwise in the putlic interest.
2.
Pursuar.t to approval by the Nuclear Regulatory Comission at a rneetir.g et P. arch 15, 1985, the license for fuel loading and low power testing, License t;o. NPF-26, issued en December 18, 1984, is superseded by facility Operatirg License No. NPF-38 hereby issued to the Louisiana Fewer and Light Cor.pany and Entergy Operations, Inc., to read as follows:
A.
This license applies to the Waterford Steam Electric Station, Unit 3, a pressurized water reactor and associated equipment (the facility),
owned by Louisiana Power and Light Company. The facility is located on LP&L's site in St. Charles Parish, Louisiana and is described in the Louisiana Power and Light Corr.pany final Safety Analysis Report as amended, and the Environrental Report as amended.
G
c L;
J I
f i
1
]
3 B.
Subject to the cct.ditiot s ar.d requirer..t r.ts it cc rporettd hereit., tre i
Corrissict hertt) 11ctrset:
1 1.
LF&L, pursvar.t to Section 103 of the Act and 10 CFR Part 50, tt l
possess but not operate the facility at the designated locatier it St. Cherles Parish, Louisier.a in accordance witt trt procedutet erd lir..itatier.s set forth in this license; 2.
E01, pursuant to Section 103 of the Act and 10 CFF Fart 50, tc possess, use ar.d operate the facility at the designated location it St. Charles Farish, Louisian6 in accordance with the procedures at.c limitations set forth in this literst; 3.
[C2. pursucnt to tt4 Act anci 10 CFR rart 70, to receive, potsess, art' use at ar3 tim at the f tcility site ard as desigrated 20141) for the facility, special nuclear materiel et rescter futi, tr accordar.ct, with ttt lititations for storap ar.C etour.ts requirer! for reactor operation, as described in the Firt' Seiety analysis Report, es supplementes and amerded.
4 i.01, pursuant to the Act and 10 CFR F6rts 30, 40, and 70, to l
receive, passess, and use et ary time any byproduct source-anc specialr.uclearmaterielassealedneutronsourcesforreactor startup, sealed sources for reactor instruner.tation and r6diatiot, monitoring equipment calibretion, and as fissitt.
detectors in attounts as required; E.
E01, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to l
receive, possess, art use ir, an:ounts as required any byproduct, source or special nuclear r.aterial without restrictiur. it cherdcel or physical form, for sample er.alysis or instrument calibration or associated with radioactive apparatus or cottpor.tnts; and E01, pursuant to the Act and 10 CFR Parts 30, 40, and 70, lear l
C.
to possess, but not separate, such byproduct and special nuc r.'aterials as m.ay be produced by the operation of the facility authorized herein.
7.
(a) LP&L, to transfer ary portion of its 1001 urdivided I
ownership interest (up to and inclusive of $515 million of aggregateappraisedvalue)inthefacilitytoequity investors, and at the same time lease back from such equity investors, such interests sold in the facility and recein l
from such equity investors, consistent with LP&L's leases, the right to use and enjoy the benefits of the undividet' owriership interests sold in the facility. The terms of the leases are for approximately 271 years subject to rigtt of renewal. Such sale and leaset,eck trarsettinns are subject to the conditiori that the equity investors and anyor.e else
c.
I.
j
,4 l
de rey acquirt er, interest ordc r this trer.sactiet-(s ) et t
- rtiit ited frcr. (mercisir g directly) cr it.cirectly ary control ostr (i) the facility, (ii power or energy produce d t'y the facility, or (iii) tre licenset of the facility, i
further, ary rights acquired under this euthcrizatier, stay tt exercisec cr.ly in corp 11er.cc with anc sutject to the reoviretter.ts arid restrictior.s cf this opratir.g lictrse, the Atomic Energy Act of 1954, as atended, and the NRC's regulations. For purposes of this conditior,, the limitatict.s of 10 CFR 50.82, as now in effect and as they mey be sut sequently trar.dr.c are fully applicable tc the equity ir.vesters and ary successers ir. interest to the equity irrestors, as ler9 as the license for tht-facility rer:, air 4 ir effect.
(t) LF&L, (or its dtstgra ) to octify the I.TC ir writifs pict l
tt er.y thst.;t it.(i)ttt w ras or tchciticrr of ery letic egrett esas taecoted as part of ttt atut auttcriat firer cit 1 trardacticns, (ii) ary facility optrati g agreer s.nt inu tvitt a liter 4ee that is it effect new cr etil te in eifect ar. the futu.%, or hi1) It t o ist %g property trauraria comart s fcr tho fttiiity, thet woulc rtttrially clier the repreur.tatic7s and ccliditier.5, se',
fcrth % the stef f's Sef*.ty Evaluation er. closed to the 1J 0 ktte r dette Septerter 16, 1589.
Ir additier., LP&L cr its desigret is r64uited tr,r.ctify ttt I:FC cf 6e> acties ty equit) it.verters or successci t it, it.terest tc LM.L that rty have ar. effect or the operatier. (f the facility.
C.
1his licerte trell te deerned te contair ard is subject to the corditions specified it. the Corrissitt's regulaticns set forth it.10 CFR Chaptet I ti.d is set. ject tc ell applicable provisiens of the Act and to the ruitt, reguletions er c orders of the Corrissicr. now or hereafter ir, effect; and is subject te the additional conoitions specified or incorporated below:
1.
Maximurr Power Level E01 is authorized to operate the facility at reactor core power l
levels not in excess of 3390 toegaw6tts therinal (2001 power) in accorder.ce with the conditior.s specified herein and W Attachinent 1 tc this license. The iteins identified in Attachment'l to this license shall be costpleted as specified. Attachmerit 1 is hereby incorporated into this license.
2.
Technic,a,1_Specificatior s and Environmental Protection Plan i
The Technical Specifications cut.16ined in Airerdix A,las revised througt Arr.encroer.t tio. 58, end the Etivirunt..er.tel Frctectier. Flar.
i ccrteined in Apptrdix 0, art heret.y itcorporated in the licenst.
E01 sh611 crerate tht facilit) in accordance with 114 Tectr ital l
Specificaticrs anc the Environter.te.1 Frotecticr. Fler.
ql6 y-ft)., ;.,' ' - ^
up;p7 2.
g,titrustCorditions a.
LP&L shall comply with the antitrust license conditions in
' Appendix C tc this license, t'.
LP&L-is responsible and accountetle for the actions of its agents to the extent said agent's actions contravene the antitrust license conditions in Appendix C to this license, j
4 Broad Rance Toxic Gas Detectors, M ion 2.2.1, SSER 6*)
Prior to startup following the first refueling outage, the liter.stc shall propose technical specifications for the Broad Range Toxic Gas Detectior. System for inclusion in Appendix A tc this license.
E.
InitialinserviceInspectionProp,ran.(Sect,ioL{;E,,,SSEL,5)
By June 1, 1985, the license 1st submit an initiel inservice I
inspection program for ste view and approval.
l l
C.
Er.v ironmenta l,f ue lificat ic
' ?ction 3.11, SSER 8) i Prior to llovember 30, IF ie licensee shall environmentally qualify all electrict'
.ent according to the provisions cf IC CFR 50.49.
7.
Axial Fuel Growth (Section 4.2 SSEM) 3
.. Prior to entering Startup (Mede 2) after each refueling, the licensee shall either provide o report that demonstrates that the e>isting futi element asseniblies (FEA) have sufficient availabic stculder gap clearance for at least the next cycle esf operation, or idertify to the NRC and implement a inodified FEA design that has adeounte shoulder gap clearance for at'least the next cycle of operation. This requirement will apply until the NRC concurs that the shoulder gap clearanct, provided is adequate for the design life of the fuel.
'The parenthetical notation following the title of-many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.
]
- The license originally authorized LP&L to possess, use and operate the facility. Consequently, certain historical reference,s applicable to LP&L as the " Licensee" appear in these license conditions.
]
to w
V 1
6-1 P.
E.r',cre,t r,cy, r,r epa r e d,r t,s,s,( S e,c t,1,o r 13. 3, S S E R 8 )
1 Ir.the.ever.t that the NRC finds that the lack of progress in con;1ttier cf the procedures in the Federr.1 Er..ergency tianagerert Ager.cy's final rule, 44 CFR Part 350, is an incication that a r.6lc r substertive problen exists in achieving or n.6ir.taining ar. adec;uete state of ernergency preparedness, the provisiors of 10 Cfk Sectior 50.54(s)(2)willapply-9.
Fire Protectior. (Sectior. 9.5.1. SSEF 8,)
E01 stell impler.er.t and maintein in effect ali provisions of the
-l approved fire protecticr. prograr es described in the Final Sefety i
Aralysis Etport for the ficility threuph Ater.dmint 3E ar.C ts eptroved ir the SEK throust Supplerer.t 9 sutject to tht fclicwing prc vis ier.:
E0! r.ty r.ake chai.ges to the er;reved firc prctectior trograr, witttt.t prior apptc\\El of tht Comissicr erly if those thenges veuld r.(t adsersely eff(ct itt 6Lility to achieve ar.d raair.tt ii - se fe shutteun in thc ever.t of a fire.
10.
F o s t - Fue l,,L,ce d i r.5, i n i t i t l Te s t P rop, rap,_(5,e c,t i ori, ),4,,,,SS_E,R_),0,)
h tr.y cL6r ges to the Ir:itit i Test Prograr.. described in Section 14 of the FS/R r.ede in ecccrdance with the. prosisior 5 cf 10 CFR 50.59 stt11' be reperttch in ecccrearce with 50.59(L) within one raontt cf such chant.f.
11.
Emercer.cy, Respcose, Cepet i,1,i,ti,t.s.,(Section. FL,.S.5,E,R,6,)
E01 stell cortply with the rec;uirements of Supplement I to l
L hbREG-0757 fcr the conduct of a Detailed Control Roorr. Design Revier (DC RDF.). Prior to May 1, 1985, the licensee shall subnit for sttff l
review and approval the DCRDR Sucury Report, including a description of the process used in carrying out the function and task aralysis performed as a part of both the DCRDR and the Procedures Generation Package efforts.
- 12. Reactor Coolant Syslem (RCS,) D,epressuri,2,ation Cap,abi,1,(ty,,(Section 5.4.3, 55D B)
By June 18, 1965, the licensee shall subtr.it the results of confirniatory tests regarding the depressurization capability of the auxiliery pressurizer spray (APS) system. This infors.ation sost cen.enstrate that thf. APS system can perforr.; the necessary depressurizaticr. tc rr.eet the steen centrator single tebe rupturt accider.t 6cceptar.ce criteria (SRP 15.6.3) with loop charging isnleticn valve feiled cpen. Should the test results fail tc-cer..or.strete that the acceptance criteria are met, ttt licensee must providt fcr staff review end approval, jestificatic.ri for interitc.
operatier., and a schecule for corrective acticr.s.
p
, y,3..
, t 15, y spr r st tc St1er. - AM Ever.t,,(Sectic r. 7 2.9, SSEP 8) itt licer.see shall subn.it responses and irtpleter.t the requirer.er.1s cf Ger.eric Letter 83-2E on e schedule which is consistent witt, that giur. in the licensee's letter of May 30, 1984 la. Fuel t'cver4r.t in the fuel Handline Building l
- 11. th( fuel hardling building, during Modes 3-0, nc rnore ther, ore fuel esser. lily shall bt outside er. approved ship epproved stcrage ratt, the fuel transfer tube (ping cor.tainer, an includirig upender),
tbt fuel elevatcr, or the spent fuel handling r.achine.
Ir. additior, to the abtve futi es sen.biy. ir.spectior./reconstitut ic.r r, ay take plact cutside cf an apprcsec' storage reck, when required, trcvided that the inspectior./recor.stitutior. er e6 it. Lcreted tt a k u l et er etcve 1720 ppt.
H, Cuelificatior, of persorr.(1 (Sectier 13.1.3,' SSER 6)
E01 ftt 11 teve cri cach thif t cperetors whc rueet the rec,uirernents l
describtf it. Attact.r4rt 2.
Attactr+r.t T is he rtty incct por6ted it tc ttis literse.
1f.
Ofe_r_a_t icr.a1 QA Enhan_cerpr.,t, Prcer3L(,5,5,E,k,,5) e TM iter.:s li:ted beler shall be cco:pletec' en the scheouled incicated, Prior to con;pletion of Phase III cf tt4 Katerford 3 startup a.
test prograr, ti.t. licensee still coriduct a corpreher.sive 6udit cf the Operatiunt1 Ct. Progran that will ir clude a surrary (A l'
decur.er.t of the Operatierel QA Program, the defir.ition of respor.sibilities aric' interfaces, at:d guidance on the locatior of it.forr ation cr. (A raatters et all leuis of cnneerr.
b.
Prior to conipletion of Phase 111 of the Waterford 3 startup test prograr., the licensee shell supplement its existing QA training prograr, to incorporate specific discussion cf QA problets experienced during construction and how this experier.ce applies to operational activities.
i I
c.
Prior to cotr.pletion of Phase III of the Waterford 3 startup l
test progran, the licensee shall address each of the recorrendations in the Task Force Support Group (TFSG) Lirnited I
Scope Audit Report of LP&L Operational Quality Assurance Prograr, dated Decerr.ber 4,1984 y
i 7 _,;.-
a.
.b-c.
Frior to corpletier. cf Phast-111 of the Waterfor -3 stbrty test prcgrar, tte liter.see stell corplete corrective actier s rtlettd to the 23 hRC issues as ider.tified it. the LF&L responses.
- 17. Basemat The licensee shall ccrply with its cormittner.ts to perfort. a bestre.t creckir.g survtillance prograr. and additicr.61 ccr.firr.atory antlyses of beser..at structural strength as described in its letter of February 25, 1985. Any significant change to this prograr shell be reviewed ard approved by the NRC staff prior to its irnplernentatior.
D.
Ttt fic'lity rcc,cires er (>erttien fret ccrtair. requirer.er.ts cf Apitr. dices E arid J to 10 CFR Part 50. These exemptiers are described ir tre Office of huciter Reacter Rec i
Supplement ho.10 (Sectior. 6.1.2)ulatior.'s Safety Evaluation Report, ),
ar.c Supplement No. 8 (Sectiot. C.2.6 i
respectistly.
Thest exerftior.s are authori2ed by lah and will not erderper lif e or property cr tre corrr:.on defense erd security tr.d are ctherwist in the put lic intercst. Thest exemptions art, therefore, j
herety grerttd pursuant to 10 CFF 50.12.
With the grantir.g cf these i
exetrtiens, the facility will operate, tc the extert auttori:ed hereir.,
in ccrfctr ity with the applicatier., as arencec, the previr.iori cf the Act, 6 tic tre rules and regu16tions o' the Corrissict.,
E.
EDI shell fully implerner.t and ntirtein it. effect all prcvisior.s of the l
Corrittict.-approved ptysical security, guerd training ano ciullificatier, l
and seieparcs cortirger cy plans including arendments cit.dt prsuar.t to l
prca isicris of the I'.iscellerecus Ar.endmtnts ard Search Requirer..tnts revisitt.s to 10 CFR 73.5f. (M FP 27817 er.c 2782?) and to the authcrity cf 2
10 CFR 50.90 and 10 CFR 50.54(p). The plars, which centtin Safeguards Infort.ction protected ur. der 10 Cfr. 73.21, are entitled:
%aterford Physical Security Plar," with resisicr.s subnitted thrcugh t;erch ?),1988; "Weterford Security Treirirg and Qualificatier Plan," with revisiors sobt..itteci through December 16, 1983; and %'aterford Safegucrds Ccntingency Plan," with revisions submitted through January 6,1987.
Changes tade in accordance with 10 CFR 73.55 shall be iir.plemented in acccrdance with the schedule set forth therein.
4 F.
Except as otherwise provided in the Technical Specificaticms or the Environnental Protection Flan, E01 shall report any viclations of the
}
requireir.cnts contained in Section 2.C of this license in the following renrer.
Initial notification shall be it.ade within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification Systet with written follow-up within 30 days in accordance with the procedures described in 10 CFR 50.73(b), (c) and (e).
G._
LP&L shali have and maintain fir.ancial prctectiot, of such type ar.d ir.
I such aricurts as the Cor.r..issicn stall requirc in accorcance with Sectiet 170 cf the Atomic Er.trgy Act of 1954, as ar.iended, to cover putlic liatility clairs.
.i
.) J E 0 ' '
ATTACHMEIC 2 Waterford Steam Electric Station Operating License Npf-36 Ope,ratier Staff Experience Recuirements E01 shall have a licensed senior operator on 06ch shift who has had at least b
six months'of hot operating experience on a pressurized water reactor, including at least six weeks at power levels greater than 20t of full power, and whs has had startup and shutdown experience..For those shifts where such an indivicual is not available on the plant staff, an advisor shall be presided who has had at least four years of power plant experience, including two years of nuclear plant experience, and who has had at least one year cf experience on shif t es a licensed senior operator at a similar type f acility.
Use of advisors who were licensed only at the R0 level will be evaluated on a case-ty-case tesis.
Advisors shell be trainec on plant procedures, technical specifications and plant systems, and shall be examined on these topics at a level suf ficient to assure familiarity with the plant.
For each shift, the rerainder cf'the shift crew shell be trained in the role of the advisors.
c
- Advisors, or fully trained and qualifieo replacements, shall be retained until tbc experience levels identified in the first sentence above have been achieved. The names of any replacerent adviscrs shall be certified by E01 l
prior to these individuals being placed on shift.
The NRC shall be notifiec at leest 30 days prior to the date E01 proposes to release the advisors fron.
l
.further service.
s
't
4 I
Ms.e y.*,;g UNITE D sT ATE s'
,, P :f j hF) -lt NUCLE AR.REGUL ATORY COMMISSION usectov o e mss
'N.?
/
SAFETY EVALVAT10h Ei THE OFTICE OF f;UCLEAL RE ACTCf EEGUL AT10h RELATED TO AMENDMENT NO.60 TO FACILITY OPERAT1HG LICENSE NO. NPF-3_E R151AhAPOWEPANDLIGHTCOMPANY WATERFORD STEAM ELECTRIC STAT 10h. UN17 _3 DOCKET NO. 50 382 4
1.C liiTE0 DUCT 10N By applicatier dated July 1,198& as supplererted by letter dated Augtst IE, 1965, Lctisiere Pcher and Light Company (LP&L cr the licenser) requested changes te th License Conditior.s to facility Operating Licer:se Nc KFf-3E '
fer the K6terford Steam Electric Station, Unit 3.
The proposed charges wettle' trensier the operatis.g respcnsibility te Entergy Operatioris, Inc. (EC1,'.. This proposed action is aise beirs taken for the Arkersas a
Nuclear One, Units 1 and 2 (ANC-l&2) and Grand Gulf Units I and 2.
The cwr.e.rstir cf Waterforc 3 will ren:Lin with LP&L, the ownership of ANO-1&2 kill rerain with Arkansas Fever and Light Company, and the ownership of
-Grar.d Gulf, l' nits 1 and 2 mill rerair primarily with Systers Erergy Resource:,, Ire.(SERI).
2.0 01,5 CUSS 10N As early es Pey 1988, the licensees for Waterford 3 ar.d Arkanses Nuclear Cre, L't.its 1 ard 2 announced with SERI the preposed transfer of operetiens and trairster ance respor.sibilitie s to SERI. Subsequently, by applicatior, dated August 15,1989, LP&L has proposed the transfer of operctions and r.airtenance to E01.
Entergy Operations, Inc. is to be a new company ar.d Sutsidiary of Entergy Corporation, formerly known as Middle South Utilities, J r.c. E01 is also proposed to operate and meinteir ANO-1&2 and Grand Gulf 182 The nuclear staff of-each of the facilities would be transferred to E01 anc only these activities requiring invrediate attention would be propesec for the necessary changes in the initial amendrnent. Our evaluation of these changes is provided in the Evaluation section.
c?
1' The consolidation of the nuclear staff under EDI would not affect the ownership of the plants and is being proposed for the benefits enurraroted by the licensee. These benefits are listed, among other places, in the licensee's June 1,1988 (Reference 1), July 1,1988 (Reference 2), and August 15, 1920 (Reference B) submittels art, as stated by-Ahe licensee, include the following:
N 1)
E01 will have a repository cf system nuclear opereting egertiu and experience. Cor:solidation intc one nuclear operatirs company will er. hance public safety and economic operatier:5.
k - R-Q:Q D & D..- l Q g)_.__.,
[.
- 1, a,* '
j
. 2)
E01 will be better at1< te provide e consister.t ptiloscpy of
~l creration of the syster nuclear ur.its.
This focused thilcscpty can be used to achieve exceller.ce in all espects of nuclear operation, t
3)
The consolidatier, will ellow rtere effective i.orrunicatier, erd ust cf syster nuclear operating experience, e)
Certain non-nuclear support functions will betone specialized and focused on the requirernents of a nuclear operation corpany and will trereby be more effectise in their 'uppcrt of Waterford 3.
i
!)
Creatiot, of a system-wide r.uclear operating perpeny will ccrtribute tc a higher sustained level of er41oyee performance, provide e broader base for more cor.petitive ervironment for upper tranegu:er.t i
car c'idetes, preside an er.vironment ir, which all employeer v411 be more highly retivatec toward high perfornance, and provide greater opporturity fcr career progression, t
f)
Conselidation will make salary structures, career path policits, and procedures interrally consistent ard will separate-nuclear frer non-nuclear employees, which will pern.it managers to focus or special needs and requirements of nuclear empicyees. This will allow-E01 to be corpetitive in the market for skillec i
erplcyees and certair quality iridivicuels once recruited.
The informatiot, provided by the licer,see is to suppert the transfer of cperating-respor.sitility to E01 ano the atteinment of the above benefits will depend on the licensecs' (or E01's) development anc implementation cf effective progrars and contrcls.
Early in the review the NRC expressed the need_for the licersee to keep the public and other agencier, informed of the proposeo transfer of opera-tionstoSERI(nowE01). By letters dated September 9,1988, October 13, 1988, and September 22, 1929 (References 4, 6 and 9), the licensee outlined their efforts in this regard. The NRC staff also contacted the designated State Official, Adn.iristrator, Nuclear Energy Division, Office cf Environmental Affairs, State of Louisiana, and discussed the proposed transfer.
e e' 3.0 EVALUATION The staff's evaluation is of the licensee's submitt61 dated July 3, 19EE (Refererce 2) as supplementet by letter dated August 15,1989(Reference 8) end from supporting information in the proposed Operating Agreement between LP&L and SERI (now E01) as contained in the licensee's submittel s
dated October 12, 1986 (Reference 5). The proposed Operatiog Agreement betweer ite licensee and E01 delineates their respective resper.siti11 tier in operating the plant cotmensurate with t'RC requirements, including those contained in License Conditions. After issuance cf the liter.se amenen.ent
7,(. '..
-3 art the effect 4 e cate of the transfer of operatior. tc EC1, the NRC will r.orraally corruticate with LP&L through E01 and any changes to the Operetirg Agreerent te fuliill HEC requirements hili Lt an LP&L and E01 retttr r,ct te influence cr delay implernentetion of the hhc requirernent.
Ttt staff in rhaling its evaluah on has applied thei criteria erd revier areas requirec by 10 CFP 50.80 " Transfer of Licenses" es appropriatt.
The trar.sfer of operator of the facility from LP&L to E01 simplified the review it,that the'LP&L personnel currently acting ir,all areas as ruclear cper6tioris personnel will transfer to E01 and the creatior. cf E01 as an cperating compary will remain, along with LP&L as owner, within the existir.s compariy. of Entergy Corporation.
[ap,agerert and Technical Qualifications The recuested change would transfer LP&L's nuclear organizetion so that thc Ser.ict Vice President - Nuclear Operations fer Waterfore, Unit 3 will t
report to the Fresider.t of E01 through the Executive Vice Presider,t and Chief Operating Officer. The present nuclear orger.izatict., down through the pie.nt staff, will remain essentially in place as E01 employees.-
Therefcre, the technical qLalificaticns of the preposed Waterferd Unit 3 orgerizatici,will te at least equivalent to the existing crganizaticr..
TH s inclucies erigineering support which, at Waterford 3, is ar integral part cf the hoclear Operations organizaticn.
Pe find the reciuested change acceptable as it ineets the acceptance criteria l
cf Sectior. 13.1 of NUREG-0800, the Standard Review Plan. This requested change does not require any revision to Section 6 of the Technical Specifications.for Waterford, Unit 3.
Financial Considerations The ownership of'the facility and all rights to electric power fron the facility will remain with LP&L.
In additier, as stated on page 15 of LP&L's LA11 cation to Amend Facility CJeratin,g License No. NPF-38 dated August 15, f9 0 Reference BT *Turs_uan't to an operating agreement L
between E01 and LP&L, all costs for the operation, ccostruction, maintenance, i
repair, deccntatination and decorranissioning of Waterford 3 incurred or l
accrued are liabilities of LP&L when incurred or accrued." The staff notes, however, that Article V, Section 5.1 of the proposed,0perating Agreerent between LP&L and E01 as transmitted by letter dathd September 27, 1989 (Reference 10), suggests that LP&L may not agree to pay for operation and capital improvernent costs that exceed either (1) the annual budget for the facility to which LP&L and EDI are to agree by November of the year prior to the budget year or (2) the n.axirnurn amounts to be paid within the p6rameters of the then-current E01 five-year business plan. Notwithstanding this, Article XI, Section 11.5 provides that neither E01 nor LP&L is pereitted to delay or withheld payrnent due and oiing under'the Proposec Operating Agreement except that LP&L shall have the right to make er,y contested payments under protest. The staff unders+ ands the provisions cor.tained in Sections 5.1 and 11.5 of that Proposed Operating Agreerent t,aken tooether do not contradict LP&L's corr,ittnent, as referenced above, to pay for all costs for the operation, construction, maintenance, repair,
j. 7,s..
cecort6riretien and decorm.issioning of Waterford 3.
The staff furthy expects thet ary final operating a5reerent betweer. EC1 and LP&L will cortirut with these sare understandings.
LF&L is' currently sutject to the retail rate jurisdiction of the Louisiana Putlic Service Cor&ission and the City Council of New Orleans.
Since LP&L is an electric utility, it does not have to provide additional informatior.
to the Corrission to demonstrate its financial qualification to carry out the activities for which the license amendment is sought.
The staff believes that there will be no financial consequences adversely affecting safety from allowing E01 to assume exclusive responsibility for rtaling safety decisions. The economic benefits which the licensee anticipates from E01's operation of Waterford 3 are not expected to be sair.ed at the expense of public beelth arid safety given LP&L's continuing cortitmert to pay the costs, including safety-related costs, of Waterford 3.
Thus, the staff concludes that the financial consequences of the proposed action will not adversely affect protection of public health and safety.
Antitrust The license amendt.er.t request transferring the operation of Waterford 3 from LP&L to E01 is subject to antitrust review pursuant to Section 10Ec of the Atomic Energy Act, as arended.
Notification of receipt and a rec,best for comrer,ts or, antitrust issues pursuant to this amendment, as well as requests for sirilar transfers involving the ANO Unit 2 and Grand Gulf nuclear urits, were published in the Federal Register on November 1, 1989 (FP Vol. 54, 46168). Coments were receivec' fror a group of wholesele electric customers (Wholesale Customers) of the Arkansas Power & Light Company and also from the City of New Orleans, Louisiana (New Orleans).
l' The cou.ents received fror New Orleans were specifically related to the existingantitrustlicenseconditionsattachedtoLouisianaPower& Light Company s (LP&L) Waterford 3 nuclear facility. New Orleans expressed l
concern that the proposed transfer of operating responsibility of Waterford 3 from LP&L to E01 would in sorte way relieve LP&L of its obligations to coraply with the antitrust license conditions. New Orleans also requested the staff to require E01 to abide by the same antitrust license conditions, l'
... to the extent E01 is able to comit antitrust violations, it should besubjecttothoseconditionsforthesamereasonsthatcompelledtheir original application to LP&L."
As indicated supra, the staff was also concernted with what role E01 would play'in the marketing and brokering of power from the Entergy Corporation nuclear units, including Waterford 3.
As a result of the staff review, a new license condition,(which LP&L has agreed to, will be added to the Waterford 3 license.
LP&L's obligations under the existing antitrust license conditions will not changc.) Although the new license condition l
cces not obligate E01 to the existing ar,titrust license conditions, it provides meaningful remedy for potential violations of these license conditions by any of LPR's agerts, including E01. The new license
b w
,., q,.
l cordition will hold LP&L respor. sit:1e and accour.tatle for tht actions of its agents to the extent said agent's actions contravene the antitrust literse conditions in Appendix C of the Waterford 3 license. The ir.tegrity of the antitrust license conditions is thereby maintained and the owner of Waterford 3. LF&L, will have a substantial vested interest in prohibitirg violations of the antitrust license conditions by any entity acting in its behalf. The staff believes the new license condition coupled with the reessurance that LP&L will continue to be bound by the existing antitrust license conditions resolves the concerns raised by New Orlears.
Whclesale Customers recuested the NRC to either extend the existing license conditions inposed on the Grard Gulf facility to the entire ruiti-state territory served by Entergy Corporation's nuclear plants by irresing similar license conditions on ANO Unit 2 or extending the geographic area applicatle to the Grand Gulf license conditions tc encor. pass the entire area served by Entergy Corporatior.. Wholesale Customers have not expressly addressed the competitive implications of the addition cf E01 as operator of the facility. They also have not provided ar.y other information which would allow antitrust conditions to be irposed uper AN0 Unit 2 or new conditions imposed on Grand Gulf extendin5 the geographic reach of the existir.g conditions. Forni antitrust reviews for facilities with operating licenses are only required when there are sigrificant changes in the licensee's activities frcr the previous antitrust review.
In South Carolina Electric and Gas Co. (Virgil C. Sumer Nuclear Station, Unit 1), CLI 80-28,111hCTIT,"8'2D, 835 (1980), the Comissier held, among other things, that significant changed circumstances occur wht.r there are char.ges which wculd create or maintain a situation incer. sis-tent with the antitrust laws; an antitrust review of these changes is warranted only when it would likely be concluded that the changed situation has regative artitrust implications. See also, Houston Lighting and Power Co. (South Texas Units 182), CLI 77-135, 5 NRC 1303, 1317 (1977). WYoTe's~a'le G stomers contend that changed circumstances have resulted from a TERC decision recibiring the costs of Grand Gulf Unit I to be shared by all of the subsidiaries of Entergy Corp. However, they have not provided proof, nor furnished adequate explanation, as to why this accounting change constitutes anticompetitive activity or has adverse antitrust implications.
In addition, Wholesale Customers contend that license conditions are necessary since their existing wholesale contracts do not contain the type of terms and conditions that are included in contracts resulting fror antitrust reviews associated with other nuclear facilities. This assertion likewise does not constitute a changed circumstance since Wh'olesale Customers have net established how the absence of these terms in their contracts creates or maintains a situation inconsistent with the antitrust laws.
r
- s ; ?y.
-i 6-Ircitt revics of the prcrosed amendmerit addir.g E01 to the ANO Unit 2 11cer.se, the staff was cer.terned with what role E01 would play in rerleting er brokering of power er energy from each of the Entergy Corporation nuclear units.
In an effort to avoid a formal antitrust review, the litersee has agreed te add an antitrust license condition to its Ah0 Unit 2 licer.se that will effectively preclude E01 from using power or energy fron AhC Unit 2 in a manner that wculd effect con. petition in bulk powcr
. services throughout.AP&L's service area. Moreover, the same license conditien will hold AP&L responsible and accountable for the actions of its ager.ts, including E01, that pertain to marketing or brokering of power i
er energy from Ah0 Unit 2.
The staff feels this license condition will ersure that E01 will do no wore than operate AUC Unit 2 and will not be invched in the corrpetitive arena associated with marketing or brokering cf power or energ). As a result of these actions, the staff has corpleted its atititrust review of this aciendment request.
l License Conditio,rj A license condition will be added that hcids LFAL responsible and accost. table-for the acticos of its agents tc the extent said agent's actions contravere the antitrust license conditions in Appendix C of this license.
Restricted Data The licensee has addressed the limits on restricted data and other defense informaticr. and E01 agrees to the appropriate conditions of protectico ard processes. The current employees of LP&L who are aware cf and responsible for safeguarding informatier will transfer to EDI; therefore, no reductior in understanding or responsibility is expected.
Er;ergency Planning The licensee proposes to transfer to E01 the authority and responsibilities for functions necessary to fulfill the emergency planning requirements specified ir. 10 CFR 50.47(b) and Part 50, Appendix E.
There will be re initial changes tc the Waterford 3 emergency plan or planning organization.
The E01 organization may, in the future, add organizational r.omponents
.to assume overall emergency planning.
In a letter dated July 28, 196E, l
theNRCstateditspositiononplanandprogramcentralizatjerandNRC approvals. With centralization, plans may be transferred to another area j
or site. Our concern will be that the new organization possesses the technical capabilities'as was found acceptable at the Waterford 3 site.
Any changes with the plans or programs at the site may be made in accordance L
with established rules and processes. Since it is not clear that the I
rules and processes contemplated such drastic changes as transfer to a new l
crganization at a new site, the NRC has determined and the. licensee has L
agreed that the initial p16n and program change to a new site would be reviewed by the NRC prior to the change.
Subsequent changes would revert I
to current established practices. This understanding with the licensee anc SERI (and now E01) applies to areas other than Emergency Planning as well.
L
t.
y; 7,'
i
. The corrett and evertual emergency plar will depend upon a continuing werbirg arrangenient betweer LF&L and E01. Certain suncrt functions will rertin with LP&L anc LF&L cer. he expected to preside emergency ncr-nuclear support f roro other cor:pany areas as needed. We find this sense of cooperation both essential and acceptable.
Offsite Foger i
General Design Criterion 17 requires that there be an assured source of pcwer to the plant. The offsite power available te Wtterford 3 and as found acceptable to the NRC is as described in the final Saf ety Analysis Repcrt. With the transfer to E01, this will not change; however, arrange-ments have been proposed for the interface between E01 as operator of a nuclear plant and LP&L non-nuclear employees for the upkeep ano maintenance of effsite power ties te the plar.t. These arrangements are to assure that the NEC's acceptance of the offsite power to Waterford 3 is continued.
Securi,ty and Exclusier Area Control The employees of LP&L responsible for security will becone E01 employees and E01 will continue to neintain and implement the security plars as presintsly found acceptatle. Sore transitior, changes may be appropriate to reflect LP&L and E01 relationships but it is not expected that thest changes wil.1 decrease thf. effectiveness of the plans.
Processes are ur.dcrwey tc address such changes. Cortrol of the exclusien aree irvolving security ard nor'-nuclear interfaces with LP&L has been addressed by the licensee and include considerations for norr.a1 and emergency access and aFpropriate continuing control of Waterford I and 2 activities by LP&L.
W itten procedures and agreements are appropriate to assure that NRC apprcved activities in and control of the exclusion area is maintained.
Ovelity Assurance Program ECI will assune responsibility cf the functions associated with the Waterford 3 quality assurance program. The organization, function, and structure of the Waterford 3 quality assurance department will net be affected by this license amendment. As discussed in the Emergency Plan section above, any proposed change to centralize plans to a new site will require NRC initial approval; the quality assurance plans also. fall in the category and understanding with LP&L and E01.
Training The licensee has stated that the training program, requirements, and naintenance of the Institute of Nuclear Power Operations accreditation for licensed and non-licensed training will continue as before but under E01. Processes for NRC approval of changes that may decreasse the scope of the approved operator requalification program will centinue as before.
[* g (, r : v 6-Licerse Conditions j
l The. licensee has proposed changes to the license conditions to reflect E01 op ratior and maintenance of Waterford 3 anc continued LP&L ownerstip of Waterford 3.
We have reviewed the proposed license conditions arid recorrend two changes.
Reactor fuel at Weterford 3 is to remain at Weterfctd 3 unless specific approval is obtained otherwise. The license ccodition for E01 to receive, possess, and use reactor fuel is to be-rodified to reflect Waterford reactor fuel at the Waterford site. A license conditicr. will be added that holds LP&L responsible and accountable for the actions of its agents to the extent said agent's actions contra u nt the antitrust license ccnditions is Appendix C of this license. The licensee agrees to these changes.
4.0 CONTACT W11H STATE AND OTHER OFFICIALS The NRC staff has advised the Administrator, Nuclear Energy Division, Office of Erairontertel Affairs, State of Louisiana of the proposed determination of no significant hazards consideration.
No comments were received on the no significant hazards consideration. The NRC did receive comr..ents on intent to review fror the City of New Orleans as a result of the Comrrission's notice, 53 FR 46725 dated November 18, 1988, on antitrust matters (see Reference 7) and from representatives of the City of New Orleans
-(see Reference 11) and from representatives of the cities of Benton, Conway, Ncrth Little Rock, Osceola, Prescott, and West Memphis and the Farmers Electric-Cooperative Corporation (see Reference 12) on antitrust matters es e result of the Com.ission's notice (54 FR 46168) dated November 1,1989.
5.0 ENVIRONMENTAL CONSIDERATION
Pursuant to 10 CFR 51.21, 51.32 and 51.35, an environmental assessroent and s
finding of no significant impact was published in the Federal R_egister or.
November 30,1989 (54 FR 49371).
Accordingly, based upon the environmental essessment, the Comission has determined that issuance of this amendment will not have a significant effect on the e,uality of the human environment.
6.0 CONCLUSION
Based upon its evaluation of the proposed changes to the Wat'erford 3 License Conditions, the staff has concluded that:
there is reasonable assurance that the health and safety of the aublic will not be endangered by operation in the proposed manner, and suc1 activities will be conducted in compliance with the Cornission's regulations and the issuance of the amietidment will not be inimical to the coreon defense and security or to l
the' health and safety of the public.
Dated: December 14, 1989 Principal Contributors:
D. Wigginton F. A11enspach R. Wood W. Lambe
i i
- e.4 9 j
1 References 1)
Letter' dated June 1, 1988 from J. G. Dewease to NRC, Attention:
D. M. Crutchfield, transmitting draft proposed amendment for SERI operation of Waterford 3.
y 2)
Letter dated July 1,1988 from J. G. Dewease to NRC, Attention:
1 D.
M.' Crutchfield, transmitting application for amenoment reflecting SERI operation of Waterford 3.
3)
Letter dated July 28, 1988 from D. L. Wigginton to J. G. Dewease, subject
- Systems Energy Resources, Inc. (SERI) License Amendment Application for Waterford 3" transmitting clarifications of positions and requesting LP&L response.
4)
Letter dated September 9, 1988 from R. F. Burski to NRC, Attention:
D. M. Crutchfield,) response to NRC July 28, 1988 request for information 1
(Reference 3 above.
5)
Letter dated October 12, 1988 from R. F. Burski to NRC, subject "LP&L/SERI Proposed Operating Agreements" transmitting proposed operating agreements, Security and Exchange Comission submittels, letter reference 2) above, Louisiana Public Service Commission submittal, Council of the City of New Orleans submittal, and SERI Financial Statement dated June 3D,1988.
6)
Letter dated October 13, 1988 from J. G. Cesare, Jr. (SERI) to NRC transmitting actions to keep public and appropriate agencies fully informed.
-7)
Letter dated December 5,1988 from Glen L. Ortman to S. Chilk, providing comment by the City of New Orleans, Louisiana.
8)
Letter dated August 15, 1989 from J. G. Dewease to NRC, transmitting application for amendment reflecting EDI operation of Waterford 3.
9)
Letter dated September 22, 1989 from R. Burski to NRC regarding Entergy Operations, Inc public information.
10)
Letter dated September 27, 1989 from R. Burski to NRC regarding Securities and Exchange Comission Application.
11)-
Letter dated December 1, 1989 from R. A. Glick transmitting the letter dated December 1,1989 from C. Vance, G. Ortman, r.nd P. Nordgtrom regarding Antitrust Coments.
12)- Letter dated November 30, 1989 from Z. Wilson regarding Antitrust Coments.
l l
L:,
o ' ~ I/kht '
4 UNIT E D ST ATE S
~ ~[ '
NUCLE AR REGULATORY COMMISSION
~
e W AS*41NGTON. D C 20555
/!
s
%, =..../
De: ember 14, 1989 Docke' lic. 50-352 Amendrent to Indemnity Agreement No. B-92 Arendment No. 5 Effective December 14, 1989
, indemnity Agreement No. B-92, between l
Louisiana Power and Light Company and the Nuclear Regulatory Comission, dated February 8,1983, as amended, is hereby further amended as follows:
The following named licensee "Entergy Operations, Inc.*
is added to the indemnity agreement.
FOR THE V.S. NUCLEAR P.EGULATORY C0t't',1SS10tl 74 Il
/(
/l tl A i
E11eer.11. McKenna, Acting Chief l
Policy Developrent and Technical Suppcrt Branch Progran. lianager.ent, Policy Developmerit j
and Analysis. Staff Office of Nuclear Reactcr Pegulaticn Accepted
,1989 by Louisiare Power and Light
{
Conpany i
4 l
Accepted
,1989 By Entergy Operations, Inc.
.